Composition of The CT

The Competition Tribunal is a tribunal set up as a superior court of record by the Competition Ordinance, Cap 619 ("CO") which was enacted in 2012. The provisions of the Ordinance concerning the establishment of the Competition Tribunal came into effect on 1 August, 2013 when Mr. Justice Godfrey Lam was appointed as the President and Madam Justice Queeny Au-Yeung was appointed as the Deputy President of the Competition Tribunal.

All other Judges of the Court of First Instance are members of the Competition Tribunal.

The Competition Tribunal may appoint one or more specially qualified assessors and may dispose of the proceedings, wholly or in part, with the assistance of such assessor or assessors, but the decision of the Tribunal is that of the members of Tribunal only.

Every Registrar, temporary registrar, senior deputy registrar, temporary senior deputy registrar, deputy registrar, temporary deputy registrar and any other officer such as a Bailiff of the High Court, by virtue of that appointment, holds the corresponding office or position in the Tribunal.

Jurisdiction

The Competition Tribunal has jurisdiction to hear and determine:

  1. applications made by the Competition Commission or Communications Authority with regard to alleged contraventions, or alleged involvements in contraventions, of the competition rules;
  2. applications for the review of reviewable determinations;
  3. private actions in respect of contraventions, or involvements in contraventions, of the conduct rules;
  4. allegations of contraventions, or involvements in contraventions, of the conduct rules raised as a defence;
  5. applications for the disposal of property;
  6. applications for the enforcement of commitments;
  7. any matter related to a matter referred to in paragraph (a), (b), (c), (d), (e) or (f) if the matters arise out of the same or substantially the same facts; and
  8. cases transferred from the Court of First Instance.

The Competition Tribunal also hears appeal against any interlocutory decision, determination or order of the Registrar.

An application to the Competition Tribunal may be heard and determined by a Tribunal constituted by any of the following -

  1. the President;
  2. the President and one or more other members appointed by the President; or
  3. one or more other members appointed by the President.

The Competition Tribunal in the exercise of its jurisdiction has the same jurisdiction to grant remedies and reliefs, equitable or legal, as the Court of First Instance. Further, with respect to all matters necessary for the exercise of its jurisdiction, it has all the powers, rights and privileges of the Court of First Instance.

The Registrar of the Tribunal may exercise the same powers and perform the same duties, in so far as they are applicable to the business and proceedings of the Tribunal, as the Registrar of the High Court.

The Registrar also has power to transact all the business and exercise all the authority and jurisdiction that under the CO or the Competition Tribunal Rules ("the CTR") may be transacted and exercised by a member of the Tribunal in chambers.

Procedure

The CTR and Competition Tribunal Practice Direction No.1 and No.2 govern the practice and procedure in the Competition Tribunal.

Where the CO and CTR make no provision for a matter, the Rules of High Court (RHC) apply to all proceedings, so far as they may be applicable to that matter.

The Tribunal may, in a particular case, dispense with the application of the RHC if the Tribunal considers that

  1. doing so will enable the Tribunal to conduct its proceedings expeditiously with as much informality as is consistent with attaining justice;
  2. doing so will save costs and is consistent with attaining justice; or
  3. doing so is otherwise in the interests of justice.

The Competition Tribunal is to conduct its proceedings with as much informality as is consistent with attaining justice.